When the California legislature passed the California Age-Appropriate Design Code Act (CAADCA or Act) AB 2273 in September of this year, it generated considerable controversy. Companies, trade associations, and even some non-governmental organizations questioned whether the law’s broad reach was not just counterproductive and likely to invade consumer privacy, but preempted by federal law and
The Internet of Things (IoT) segment has grown, and with it have come many examples of vulnerable products, from babycams whose feeds could be viewed by strangers online to hackable implantable cardiac devices. There are also infamous examples of botnets (i.e., clusters of hacked devices) featuring millions of IoT devices with one common trait: weak
At a press conference on August 11, 2022, the Federal Trade Commission (FTC or Commission) announced an Advance Notice of Proposed Rulemaking (ANPR), which was published, along with a fact sheet, to explore potential new rules governing what the FTC characterizes as prevalent “commercial surveillance” and “lax data security practices.” The FTC issued the
On May 12, 2022, the European Data Protection Board published guidelines with a methodology for calculating fines for violations of the General Data Protection Regulation (GDPR). These guidelines were subject to a public consultation until June 27, 2022.
Because these guidelines are likely to have an influence on future decisions by data protection authorities in
In the continuing absence of Congressional action on a comprehensive U.S. federal privacy law, five states have now enacted their own laws. We previously provided a summary of the California, Virginia, and Colorado laws (available here), and Connecticut and Utah have since enacted new privacy laws. The Connecticut Act Concerning Personal Data Privacy and
As cyberattacks from a myriad of sources continue to proliferate and target organizations of all types and sizes, the Cybersecurity and Infrastructure Security Agency (CISA) continues to update its Shield’s Up webpage with specific cybersecurity guidance for organizations, CEOs, business leaders, and individuals. The stated goal is to “reduce the likelihood of a damaging cyber
After the EU-U.S. Privacy Shield was rendered invalid by the Court of Justice of the European Union (CJEU) in July 2020, and following a prior challenge to the U.S.-EU Safe Harbor, many businesses operating on both sides of the pond scrambled to find other ways to protect data flows between the EU and U.S. that
Keller and Heckman partner Sheila Millar wrote the Inhouse Defense Quarterly article, “The Right to Repair: Implications for Consumer Product Safety and Data Security. The article examines the potential effects of President Biden’s July 9, 2021, executive order that aims to expand consumers’ “right to repair.” Advocates of the right to repair, including the Federal
Earlier this week, the UK Information Commissioner’s Office (ICO) announced its intent to fine British Airways £183,390 million ($230 million) and its intent to fine Marriott International more than £99 million ($123 million) for violations of the General Data Protection Regulation (GDPR) arising out of data breaches. The ICO investigated the breaches as the lead
In a recent Law360 article, Sheila Millar discusses a proposal from the British Information Commissioners Office (ICO) that significantly restricts how information society services deemed likely to be accessed by children must handle the data they collect, use, and share. In “UK’s Proposed Age-Appropriate Data Code Would Be Onerous” (July 3), she delves into how
